BILL NUMBER: SB 279	CHAPTERED  04/22/99

	CHAPTER   16
	FILED WITH SECRETARY OF STATE   APRIL 22, 1999
	APPROVED BY GOVERNOR   APRIL 22, 1999
	PASSED THE ASSEMBLY   APRIL 19, 1999
	PASSED THE SENATE   MARCH 23, 1999
	AMENDED IN SENATE   MARCH 18, 1999
	AMENDED IN SENATE   MARCH 10, 1999

INTRODUCED BY   Senator Dunn
   (Coauthors:  Senators Escutia, McPherson, Monteith, Polanco, and
Rainey)

                        FEBRUARY 2, 1999

   An act to amend Section 2962 of the Penal Code, relating to
prisons, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 279, Dunn.  Prisons.
   Existing law provides that if a prisoner has a severe mental
disorder that is not in remission or cannot be kept in remission
without treatment and it was a factor in the commission of one of a
list of specified crimes for which the prisoner was sentenced to
prison, and the prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the prisoner's
parole or release, the prisoner, as a condition of his or her parole,
shall be treated by the State Department of Mental Health.  The
crimes to which this provision applies include arson of a structure,
forest land, or property that causes great bodily injury and crimes
in which the prisoner used force or violence, or caused serious
bodily injury, as defined.
   This bill would add to the list of crimes which may qualify such a
person, for treatment by the State Department of Mental Health (1)
the actual or attempted arson of a structure, forest land, or
property where the act posed a substantial danger of physical harm to
others, and (2) a crime in which the perpetrator expressly or
impliedly threatened another with the use of force or violence likely
to produce substantial physical harm in such a manner that a
reasonable person would believe and expect that the force or violence
would be used.  These provisions would apply to any person committed
for treatment by the State Department of Mental Health on or after
July 1, 1986.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2962 of the Penal Code is amended to read:
   2962.  As a condition of parole, a prisoner who meets the
following criteria shall be required to be treated by the State
Department of Mental Health, and the State Department of Mental
Health shall provide the necessary treatment:
   (a) The prisoner has a severe mental disorder that is not in
remission or cannot be kept in remission without treatment.
   The term "severe mental disorder" means an illness or disease or
condition that substantially impairs the person's thought, perception
of reality, emotional process, or judgment; or which grossly impairs
behavior; or that demonstrates evidence of an acute brain syndrome
for which prompt remission, in the absence of treatment, is unlikely.
  The term "severe mental disorder" as used in this section does not
include a personality or adjustment disorder, epilepsy, mental
retardation or other developmental disabilities, or addiction to or
abuse of intoxicating substances.
   The term "remission" means a finding that the overt signs and
symptoms of the severe mental disorder are controlled either by
psychotropic medication or psychosocial support.  A person "cannot be
kept in remission without treatment" if during the year prior to the
question being before the Board of Prison Terms or a trial court, he
or she has been in remission and he or she has been physically
violent, except in self-defense, or he or she has made a serious
threat of substantial physical harm upon the person of another so as
to cause the target of the threat to reasonably fear for his or her
safety or the safety of his or her immediate family, or he or she has
intentionally caused property damage, or he or she has not
voluntarily followed the treatment plan. In determining if a person
has voluntarily followed the treatment plan, the standard shall be
whether the person has acted as a reasonable person would in
following the treatment plan.
   (b) The severe mental disorder was one of the causes of or was an
aggravating factor in the commission of a crime for which the
prisoner was sentenced to prison.
   (c) The prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the prisoner's
parole or release.
   (d) (1) Prior to release on parole, the person in charge of
treating the prisoner and a practicing psychiatrist or psychologist
from the State Department of Mental Health have evaluated the
prisoner at a facility of the Department of Corrections, and a chief
psychiatrist of the Department of Corrections has certified to the
Board of Prison Terms that the prisoner has a severe mental disorder,
that the disorder is not in remission, or cannot be kept in
remission without treatment, that the severe mental disorder was one
of the causes or was an aggravating factor in the prisoner's criminal
behavior, that the prisoner has been in treatment for the severe
mental disorder for 90 days or more within the year prior to his or
her parole release day, and that by reason of his or her severe
mental disorder the prisoner represents a substantial danger of
physical harm to others.  For prisoners being treated by the State
Department of Mental Health pursuant to Section 2684, the
certification shall be by a chief psychiatrist of the Department of
Corrections, and the evaluation shall be done at a state hospital by
the person at the state hospital in charge of treating the prisoner
and a practicing psychiatrist or psychologist from the Department of
Corrections.
   (2) If the professionals doing the evaluation pursuant to
paragraph (1) do not concur that (A) the prisoner has a severe mental
disorder, (B) that the disorder is not in remission or cannot be
kept in remission without treatment, or (C) that the severe mental
disorder was a cause of, or aggravated, the prisoner's criminal
behavior, and a chief psychiatrist has certified the prisoner to the
Board of Prison Terms pursuant to this paragraph, then the Board of
Prison Terms shall order a further examination by two independent
professionals, as provided for in Section 2978.
   (3) Only if both independent professionals who evaluate the
prisoner pursuant to paragraph (2) concur with the chief psychiatrist'
s certification of the issues described in paragraph (2), shall this
subdivision be applicable to the prisoner.  The professionals
appointed pursuant to Section 2978 shall inform the prisoner that the
purpose of their examination is not treatment but to determine if
the prisoner meets certain criteria to be involuntarily treated as a
mentally disordered offender.  It is not required that the prisoner
appreciate or understand that information.
   (e) The crime referred to in subdivision (b) meets both of the
following criteria:
   (1) The defendant received a determinate sentence pursuant to
Section 1170 for the crime.
   (2) The crime is one of the following:
   (A) Voluntary manslaughter.
   (B) Mayhem.
   (C) Kidnapping in violation of Section 207.
   (D) Any robbery wherein it was charged and proved that the
defendant personally used a deadly or dangerous weapon, as provided
in subdivision (b) of Section 12022, in the commission of that
robbery.
   (E) Carjacking, as defined in subdivision (a) of Section 215, if
it is charged and proved that the defendant personally used a deadly
or dangerous weapon, as provided in subdivision (b) of Section 12022,
in the commission of the carjacking.
   (F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (G) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

   (H) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
   (I) Lewd acts on a child under the age of 14 years in violation of
Section 288.
   (J) Continuous sexual abuse in violation of Section 288.5.
   (K) The offense described in subdivision (a) of Section 289 where
the act was accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
   (L) Arson in violation of subdivision (a) of Section 451, or arson
in violation of any other provision of Section 451 or in violation
of Section 455 where the act posed a substantial danger of physical
harm to others.
   (M) Any felony in which the defendant used a firearm which use was
charged and proved as provided in Section 12022.5, 12022.53, or
12022.55.
   (N) A violation of Section 12308.
   (O) Attempted murder.
   (P) A crime not enumerated in subparagraph (A) to (O), inclusive,
in which the prisoner used force or violence, or caused serious
bodily injury as defined in paragraph (4) of subdivision (f) of
Section 243.
   (Q) A crime in which the perpetrator expressly or impliedly
threatened another with the use of force or violence likely to
produce substantial physical harm in such a manner that a reasonable
person would believe and expect that the force or violence would be
used.  For purposes of this subparagraph, substantial physical harm
shall not require proof that the threatened act was likely to cause
great or serious bodily injury.
   (f) As used in this chapter, "substantial danger of physical harm"
does not require proof of a recent overt act.
  SEC. 2.  The provisions of this act shall apply to any person
committed pursuant to Article 4 (commencing with Section 2960) of
Chapter 7 of Title 1 of Part 3 of the Penal Code on or after July 1,
1986.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to prevent the immediate release, and to guarantee the
mental health treatment of severely mentally ill offenders who are
affected by the holding of People v. Anzalone (1999) 19 Cal.4th 1074,
it is necessary that this act take effect immediately.
